Avants v. Commissioner of Social Security
Plaintiff: Teresa L. Avants
Defendant: Commissioner of Social Security
Interested Party: SSAOGC
Case Number: 3:2021cv01370
Filed: November 1, 2021
Court: US District Court for the Southern District of Illinois
Presiding Judge: Stephen P McGlynn
Nature of Suit: Social Security: RSI Tax Suits
Cause of Action: 42 U.S.C. ยง 1383
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2021 Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wyatt, Nathan)
December 15, 2021 Filing 10 NOTICE of Appearance by Nathan E. Wyatt on behalf of Commissioner of Social Security (Wyatt, Nathan)
November 5, 2021 Filing 9 Summons Issued as to Commissioner of Social Security and original mailed to Attorney Marvin. (kek)
November 5, 2021 Opinion or Order Filing 8 ORDER re #7 Motion for Leave to Proceed in forma pauperis. A court may permit a plaintiff to proceed in forma pauperis where the plaintiff has demonstrated indigence. 28 U.S.C. 1915(a)(1). Nevertheless, a court can dismiss a qualified plaintiff's case if the action is clearly frivolous or malicious. 28 U.S.C. 1915(e)(2)(B)(i). The Court finds that Plaintiff Teresa L. Avants' affidavit demonstrates indigence. Therefore, the Court GRANTS Avants' #7 Motion for Leave to Proceed in forma pauperis. Additionally, in Avants' Complaint, she states that she seeks review of a decision of the Commissioner of the Social Security Administration as permitted under 42 U.S.C. 405(g). Accordingly, the Court finds nothing in the file to indicate that this action is frivolous or malicious. Signed by Judge Stephen P. McGlynn on 11/5/2021. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 4, 2021 Filing 7 Amended MOTION for Leave to Proceed in forma pauperis by Teresa L. Avants. (Marvin, Cody)
November 3, 2021 Opinion or Order Filing 6 ORDER re #3 Motion for Leave to Proceed in forma pauperis. A court may permit a plaintiff to proceed in forma pauperis where the plaintiff has demonstrated indigence. 28 U.S.C. 1915(a)(1). The Court does not find that Plaintiff Teresa L. Avants' affidavit demonstrates indigence. Avant does not declare her gross and take-home wages, if any, which are both integral to determining indigence. Additionally, the case caption is incorrect. Therefore, Avants' #3 Motion for Leave to Proceed in forma pauperis is DENIED. Avants may submit a revised motion for pauper status. Signed by Judge Stephen P. McGlynn on 11/3/2021. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 1, 2021 Filing 5 NOTICE OF MODIFICATION - Upon case opening, SSAOGC was not added to this case as an interested party per this Court's instructions. As such, SSAOGC did not receive notice of documents filed in this case. SSAOGC has been added to the docket and notices have been re-generated accordingly. No further action is required by the filer in relation to this notification. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 1, 2021 Filing 4 Notice of Judge Assignment. Judge Stephen P. McGlynn assigned. All future documents must bear case number 21-cv-1370-SPM. (kek)
November 1, 2021 Filing 3 MOTION for Leave to Proceed in forma pauperis by Teresa L. Avants. (Marvin, Cody)
November 1, 2021 Filing 2 NOTICE of Appearance by Cody T. Marvin on behalf of Teresa L. Avants (Marvin, Cody)
November 1, 2021 Filing 1 COMPLAINT against Commissioner of Social Security, filed by Teresa L. Avants. (Attachments: #1 AC decision, #2 Civil Cover Sheet, #3 Summons)(Marvin, Cody)

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Plaintiff: Teresa L. Avants
Represented By: Cody T. Marvin
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Defendant: Commissioner of Social Security
Represented By: Nathan E. Wyatt
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Interested party: SSAOGC
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